Duncan recently returned to McGuireWoods after serving as solicitor general of Virginia from 2010-2013. His experience includes appellate, constitutional, administrative, environmental, class action, lender liability, consumer credit, complex bankruptcy, and injunction cases.
He has argued appeals before the U.S. Supreme Court, the 4th Circuit en banc panels of federal courts of appeal and various state appellate courts. In addition, Duncan has participated in more than 200 appeals, including more than 90 merits arguments. His experience also includes railroad crossing, turbine generator, automotive and tire litigation.
Duncan has litigated election and voting rights cases, and advises on FEC compliance issues. He has taught legislative redistricting at the William and Mary School of Law. On September 6, 2007, he was nominated to the U.S. Court of Appeals for the 4th Circuit by President George W. Bush. Prior to his nomination, he received the highest “well-qualified” rating from the Virginia State Bar.
Duncan’s appellate cases include upholding the constitutionality of Virginia’s Freedom of Information Act restriction denying nonresidents access to public records sought under FOIA (McBurney), Virginia’s redistricting (Wilkins); upholding the constitutionality of the Virginia medical malpractice cap (Pulliam); having Virginia consumer finance laws declared unconstitutional (NHEMA); having punitive damages declared unconstitutional as applied (Hugo’s); obtaining dismissal of a case in the U.S. Supreme Court through a suggestion of lack of jurisdiction contained in an amicus brief (Sylvester); and obtaining a writ of prohibition against a trial court’s exercise of jurisdiction (In re City of Richmond). Duncan has also argued numerous products liability cases including one involving the meaning of Virginia’s seat belt statute (Brown).
Invited Participant 2005 National Conference on Appellate Justice
Air Force Honors Program – Capt. USAF detached to the Office of the General Counsel Secretary of the Air Force
Name to "Legal Elite," Appellate Law, Virginia Business, 2015, 2017
Elected Member, American Law Institute
Fellow, American Academy of Appellate Lawyers
Member, Virginia State Bar Association
Member, City of Richmond Bar Association
Member, Federalist Society
Permanent Member, 4th Circuit Judicial Conference